Digest of Hindu Law, on Contracts and Successions, Volume 1Higginbotham, 1874 - Civil law |
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Page v
... considered as the rules of their " conduct and engagements in civil life ; nor could any " thing be wiser than , by a legislative act , to " Hindu and Muselman subjects of Great Britain , that the private laws which they severally hold ...
... considered as the rules of their " conduct and engagements in civil life ; nor could any " thing be wiser than , by a legislative act , to " Hindu and Muselman subjects of Great Britain , that the private laws which they severally hold ...
Page x
... considered civil duties under the distinct heads of private contests and forensic practice : the first comprehends law private and criminal ; the last includes the forms of judicial procedure , rules of pleading , law of evidence ...
... considered civil duties under the distinct heads of private contests and forensic practice : the first comprehends law private and criminal ; the last includes the forms of judicial procedure , rules of pleading , law of evidence ...
Page 9
... considered , and which is resolvable into the seventh case , The compound st'hána lábha has been thus resolved into st'háné satyéva lábha , gain , only if the capital remain . 66 ( 7 ) The Latin word , fenus or fanus has a signification ...
... considered , and which is resolvable into the seventh case , The compound st'hána lábha has been thus resolved into st'háné satyéva lábha , gain , only if the capital remain . 66 ( 7 ) The Latin word , fenus or fanus has a signification ...
Page 17
... considered as a requisite to the sufficiency of a surety ; for much time would be wasted in litigation if a dishonest surety were accepted . It should be understood , that a person , such as a spiritual parent , from whom money cannot ...
... considered as a requisite to the sufficiency of a surety ; for much time would be wasted in litigation if a dishonest surety were accepted . It should be understood , that a person , such as a spiritual parent , from whom money cannot ...
Page 19
... considered as sufficient evidence even without witnesses , unless obtained by force or fraud . " Upadhi " here signifies fraud . ' Such usage , in respect of writings , as subsists in each country.'t In some countries the practice is as ...
... considered as sufficient evidence even without witnesses , unless obtained by force or fraud . " Upadhi " here signifies fraud . ' Such usage , in respect of writings , as subsists in each country.'t In some countries the practice is as ...
Common terms and phrases
according act of GOD agreement amercement assent authority bailed bailment borrower Brahmana cáyicá CHANDESWARA chattel cited compelled Consequently creditor CULLÚCABHATTA debt contracted debtor declared delivered delivery deposit depositary discharge the debt distress double eightieth equal explained expounded father forfeited gift give given gloss grain heir hemistich Hindu Law hundred hypothecation intended king land legal deceit lender lent loan mentioned MISRA Mitácshará mode month mortgage offence opinion ordained owner paid panás parceners partners party pay the debt payment person pledge for custody principal principal sum promised propounded punishment purána purchase receipt received recover rest restored Retnácara rites rule sacrificer Sage says seller sense share signifies Sir WILLIAM JONES slave stipulated interest subsistence suvernas term text of CÁTYÁYANA text of MENU text of NÁREDA text of VRIHASPATI text of YAJNYAWALCYA thing understood usufruct usury VÁCHESPATI Vaisya valid Védas VISHNU VYASA whole wife word
Popular passages
Page 24 - Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury : unto a stranger thou mayest lend upon usury ; but unto thy brother thou shalt not lend upon usury...
Page xii - of kings, far more powerful and rigid than they : nothing " can be mightier than law, by whose aid, as by that of the " highest monarch, even the weak may prevail over the strong.
Page 443 - Three persons, a wife, a son, and a slave, are declared by law to have (in general) no wealth exclusively their own ; the wealth which they may earn is (regularly) acquired for the man to whom they belong.
Page vi - ... would have thought the most grievous oppression, should not be superseded by a new system, of which they could have no knowledge, and which they must have considered as imposed on them by a spirit of rigour and intolerance. So far the principle of decision between the native parties in a cause appears perfectly clear: but the difficulty lies (as in most other cases) in the application of the principle to practice; for the Hindu and Muselman laws are locked up for the most part in two very difficult...
Page v - Nothing indeed could be more obviously just, than to determine private contests according to those laws, which the parties themselves had ever considered as the rules of their conduct and engagements in civil life...
Page 93 - A decision must not be made solely by having recourse to the letter of written codes ; since, if no decision were made according to the reason of law, ('or according to immemorial usage ; for the word yucti admits both senses,') there might be a failure of justice.
Page vi - ... body of men ; but my experience justifies me in declaring, that I could not with an easy conscience concur in a decision, merely on the written opinion of native lawyers, in any cause in which they could have the remotest interest in misleading the court : nor, how vigilant soever we might be, would it be very difficult for them to mislead us; for a single obscure text, explained by themselves, might be quoted as express authority, though perhaps in the very book, from which it was selected,...
Page 296 - By conquest, the earth became the property of the holy PARASU RAMA ; by gift, the property of the Sage CASYAPA ; and, committed by him to Cshatriyas for the sake of protection, became their protective property successively held by powerful conquerors, and not by subjects cultivating the soiL...
Page vii - The court of appeals in civil suits. gratify the emperor by quickness of dispatch ; but, with all its imperfections, it is a most valuable mine of judicial knowledge; it gives law, at this hour, to the greatest part of Europe; and, though few English lawyers dare make such an acknowledgment, it is the true source of nearly all our English laws, that are not of a fendal origin.
Page 10 - Brahmana, unable to subsist by his duties, may live by the duty of a soldier ; if he cannot get a subsistence by either of these employments, he may apply to tillage, and attendance on cattle, or gain a competence by traffic, avoiding certain commodities. A Cshatriya, in distress, may subsist by all these means; but he must not have recourse to the highest functions.